Letitia James Posts Warning Message

New York Attorney General Letitia James warned on Friday against a state law that allows voluntary intoxication to be used as a legal defense in sex crimes.

Under current New York law, someone accused of rape or sexual assault can use the victim's voluntary intoxication as a defense. Since 2021, New York lawmakers have been in the process of considering a bill that would close that defense in how sex crimes can be prosecuted. In 2021, former Democratic state Senator Alessandra Biaggi co-sponsored a bill that would prohibit the use of intoxication of the victim as a defense in sex crimes and ensure that victims of sexual misconduct, who were incapacitated due to intoxication, have stronger legal protection and that their cases are not undermined by their state of intoxication at the time of the offense.

However, the bill failed to pass due to different language in the two versions of the bill at the end of the legislative session in 2022.

On Friday, James took to X, formerly Twitter, to warn against the current state law as she advocated for justice for the victims of sexual assault.

"There is no defense for rape and sexual assault, and victims of these terrible crimes deserve to see justice. Period," she wrote.

Newsweek has reached out to James' office via email for comment.

James' comments come after she has continued to publicly support victims of sexual assault and harassment as she made a name for herself by going toe-to-toe with former Democratic New York Governor Andrew Cuomo during the investigation into his sexual harassment allegations.

In 2021, Cuomo was accused by several women of sexual harassment, which led to an investigation by James' office. Cuomo has denied any allegations of sexual harassment against him.

In August 2021, James' office concluded in a report that Cuomo sexually harassed several women during his time in office. Cuomo has questioned the "credible factual basis" of James' 168-page report and has since resigned as governor of New York.

In an emailed statement to Newsweek on Saturday afternoon, William Rivera, interim executive director of the New York State Coalition Against Sexual Assault, condemned the state's voluntary intoxication defense, adding that the backing of James' office and several New York lawmakers shows the significance that "numerous victims are being denied justice."

"Intoxication does not equate to consent, under any circumstances, and it is completely unacceptable for our state to perpetuate victim-blaming. With the backing of New York's top attorney, the State Senate, and over 70 State Assembly members, it is evident that numerous victims are being denied justice. Getting rid of the voluntary intoxication exclusion is absolutely necessary," he said.

Following the failed bill in 2021, Democratic Assemblyman Jeffrey Dinowitz and Democratic state Senator Nathalia Fernandez have continued to introduce legislation that would eliminate this loophole as they are co-sponsoring a bill they introduced in 2023.

"This happens more to women, but it could happen to anybody and its really something we want to see closed so that victims can see justice for the assaults committed on them," Fernandez told Spectrum News 1.

Newsweek has reached out to Fernandez via email for comment

The bill has more than 30 sponsors, as well as support from district attorneys, and community and advocacy organizations. In addition, New York legislators and advocates including Dinowitz and Fernandez held a panel at Manhattan College in April to urge an end to the state law.

"Whether you're voluntarily intoxicated or involuntarily intoxicated, to me I don't see the difference," Dinowitz said. "Being drunk, being wasted and being high is not an invitation to be sexually assaulted, period. You don't give somebody the right to rape you or do something else horrible simply because you've taken bad chemicals in your body."

Newsweek has also reached out to Dinowitz via email for comment.

According to the Riverdale Press, Dinowitz is committed to trying to get the new bill onto the agenda before the end of the legislative session. The current Assembly version of the bill matches the Senate's version.

The voluntary intoxication defense has already been eliminated in several state laws, including Minnesota in 2021.